How are Article 19 amendments handled in the US national stage application?

Article 19 amendments made during the international phase are handled as follows in the US national stage application:

  • The amendments are forwarded to the US Designated Office by the International Bureau for inclusion in the national stage application.
  • English language amendments will be entered by replacing the original claims with the amended claim set.
  • If the amendments were made in a language other than English, the applicant must provide an English translation.
  • The amendments and their English translation must be received by the date of commencement of the national stage.

As stated in MPEP 1893.01(a)(2): “If the Article 19 amendments were made in a language other than English, applicant must provide an English translation for the U.S. national stage application. The Article 19 amendment(s) and the English translation of the amendment(s) must be received by the Office by the date of commencement of the national stage (see MPEP § 1893.01). Otherwise, the amendment(s) will be considered to be canceled.”

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Tags: article 19 amendments, national stage, patent claims, PCT